Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

Accepted at the forty ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 19, 2019 No. 49-8)

MODEL LAW

About judicial and expert activities

This Law determines organization-legal bases and the directions of expert activities in the State Parties of the CIS, and also governs the public relations arising under the organization and conducting judicial examination.

Chapter 1. General provisions

Article 1. Judicial and expert activities

Judicial and expert activities are activities of the judicial and expert organizations and court experts having special legal capacity, for the organization and production of judicial examinations in the course of legal proceedings on criminal, administrative, civil and arbitration cases, and also pre-judicial production on administrative cases and materials of investigation verification, and carried out at the request of court, body (person) who appointed examination production.

Article 2. Basic concepts and determinations

For the purposes of this Law the following basic concepts are used:

the judicial and expert organizations - the specialized state or non-state organizations (legal entities) created according to the legislation of the state to which court, body (person) having the right to appoint judicial examination in procedural procedure its production can be entrusted;

accreditation of the judicial and expert organizations - official recognition of competence of the legal entity in the field of judicial and expert activities according to the procedure, established by authorized body of the executive authority;

certification of the court expert - periodically performed procedure for determination of compliance of the court expert to qualification requirements, the established law;

validation - assessment of suitability of scientific techniques of judicial and expert research which is conducted by the judicial and expert organizations according to the procedure established by the law of the state, and is performed by research and provision of objective proofs that the expert fulfills specific requirements to specific target use of scientific and methodical providing in judicial and expert activities;

conclusion of the court expert - the conclusion of the court expert stated in writing on specific question which is constructed on the analysis of results of researches of objects of examination and is based on the internal belief of the expert created by results of objective, comprehensive and complete investigation based on special knowledge;

conclusion can be categorical and probabilistic;

categorical conclusion of the court expert - specific, unambiguous conclusion of the court expert about the fact;

probabilistic conclusion of the court expert - the reasonable assumption (hypothesis) of the court expert of the determined fact;

the expert opinion - the written instrument processed according to the requirements established by the legislation of the state, the reflecting course and results of judicial and expert research;

qualification of the court expert - complex of knowledge, the skills acquired by person having professional education by special preparation for the purpose of research of objects of examination of certain type;

medical hospital - the medical organization or department of the medical organization providing medical care stationary according to the legislation of the state in the field of health protection;

method of judicial and expert research - set of logical and (or) tool transactions (means, the methods, methods) used when studying objects of judicial examination for establishment of the actual data relating to subject of judicial examination;

technique of judicial and expert research - system of the scientific methods applied when studying objects of judicial examination to establishment of the actual data relating to subject of judicial examination;

scientific and methodical ensuring judicial examination - one of types of ensuring judicial and expert activities including development and deployment in expert practice of methodical materials on production of judicial examination, development of programs of additional professional education for specific expert specialties;

research objects (objects of judicial examination) - physical evidences, objects, documents, technologies, information arrays, body of the person, condition of mentality of the person, animals, the corpses and also relating to subject of judicial examination of the data, containing in case papers according to which judicial examination, including materials of investigation verification is made;

samples for comparative research (samples) - the objects of material world displaying properties or features of the living person, corpse, animal, subject, the document, material or substance, and also technology, the information arrays, systems, tests, microparticles and other samples necessary for carrying out judicial and expert research and making the expert opinion;

damage of object of research (its part) - change of properties and condition of object of research as a result of application of physical, chemical, biological methods when carrying out researches;

subject of judicial examination - the actual data important for permission of criminal, civil or administrative case or case on administrative offense, established by production of judicial examination;

test - the part of sample characterizing research object;

psychiatric hospital - the psychiatric medical organization or psychiatric department of the medical organization giving mental health services in stationary conditions;

the certificate of competence of the court expert - the document issued to physical person in the procedure established by the legislation of the state, confirming qualification of person on certain expert specialty on carrying out judicial and expert research;

certification of scientific and methodical ensuring judicial examination - confirmation of conformity of methodical providing to requirements imposed to specific target use of techniques, methods and means in the field of judicial examination;

certification of competence of the court expert - establishment of compliance of competence of physical person to requirements imposed to experts when carrying out certain type of judicial and expert researches and confirmation of its capability to properly perform specific actions in case of production of judicial examination;

specialty of the court expert (expert specialty) - complex of knowledge, the skills acquired by person having professional education by special preparation for the purpose of research of objects of examination of certain sort, type and subspecies (subject specialization);

special knowledge - system of knowledge and practical skills in the field of certain sciences, technicians, arts or the crafts acquired by special preparation and (or) working experience and implemented in techniques of judicial and expert researches;

means of expert researches - the devices, devices, technologies applied to detection and research of objects of judicial examination and also for documentation of its results and execution of the conclusions;

judicial examination - the legal proceeding on civil, criminal or administrative case consisting in carrying out researches and making the conclusion by the expert in the questions raised before it court, the judge, the body of inquiry, person making inquiry, the investigator for the purpose of establishment of the circumstances which are subject to proof on specific case which permission requires special knowledge in the field of science, the equipment, art or craft;

forensic-psychiatric expert hospital - the psychiatric hospital which is specially intended for production of forensic-psychiatric examination;

judicial and expert medical institution - the medical institution or specialized judicial and expert department of medical institution performing medical activities for conducting medical (judicial and narcological) examinations and researches as core activity;

judicial examinations of medical profile - medicolegal, forensic-psychiatric and other judicial examinations which production on the content is medical activities and can be performed only by the persons having medical specialty, who had training by certain type of judicial examinations and received the certificate of competence of the court expert;

the court expert - the person who is not interested in case having special knowledge and having the corresponding specialty of the court expert and also meeting other requirements, the established law of the state to which production of judicial examination is entrusted.

Article 3. Content of judicial and expert activities

Judicial and expert activities include:

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